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10­REZ­13 Cooke Property

Town of Cary , North Carolina Rezoning Staff Report

10­REZ­13 Cooke PropertyTown Council Meeting

April 14, 2011

REQUEST

To amend the Town of Cary Official Zoning Map by rezoning approximately 8.4 acres located at 3890 NC 55Highway from Residential 40 (R­40) to Office/Research and Development ­ Conditional Use (ORD­CU). Theconditions, proposed by the applicant, are listed in the background information portion of this report.

NOTE: The purpose of the rezoning is to determine whether or not the land uses and densities allowed in theproposed zoning district are appropriate for the site. Technical design standards of the Land DevelopmentOrdinance are addressed during review of the site or subdivision plan and can be found athttp://www.amlegal.com/library/nc/cary.shtml.

SUBJECT PARCELS

Property Owner(s) County Parcel Number(s)(10­digit) Real Estate ID(s) Deeded Acreage

Dorothy W. Cooke121 Franklin Hills PlaceCary, NC 27519

0735726346 portion 0014628 portion ± 8.4

Total Area ± 8.4

PROJECT SUMMARY

The subject request proposes to rezone an 8.4­acre portion of an 18.39­acre parcel, located along both sides ofNC 55 Highway south of Morrisville Carpenter Road, from Residential 40 (R­40) to Office/Research andDevelopment, with a zoning condition to limit building height to two stories (35 feet).

The subject property is located on the east side of NC 55 Highway about 600 feet south of Morrisville CarpenterRoad, bounded by the CSX railroad to the east and property containing a Town of Cary water tower to the south.The portion of the parcel north of the area included in this rezoning request includes 3.18 acres rezoned toGeneral Commercial ­ Conditional Use (GC­CU) as part of rezoning case number 09­REZ­03.

BACKGROUND INFORMATION

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Applicant & Agent Glenda Toppe, Jerry Turner & Associates905 Jones Franklin RoadRaleigh, NC 27606(919) 851­7150

General Location East side of NC 55 Highway, approximately 600 feet south of MorrisvilleCarpenter Road

Acreage

Boundary Survey

8.4 acres of 18.39 acre parcel

Of the remaining 9.97 acres not subject to this request, 3.18 acres on theeast side of NC 55 Highway were rezoned to General CommercialConditional Use (GCCU) on August 11, 2010 as part of rezoning casenumber 09­REZ­03. The remaining 6.79 acres located on the west side of NC55 Highway remains in the R­40 zoning district.

Tentative Schedule Public HearingDecember 16, 2010

Planning & Zoning BoardMarch 21, 2011

Town CouncilApril 14, 2011

Land Use Plan Designation Office/Industrial (OFC/IND) or Office/Institutional (OFC/INS)

Existing Zoning District Residential 40 (R­40)

Existing Zoning Conditions None

Proposed Zoning District(s) ORD­CU

Proposed Zoning Conditions 1. Two­story height limit2. Type B (semi­opaque) buffer adjacent to the railroad, enhanced byreducing the maximum separation between shrubs from 8 feet to 5 feet

Town Limits The property is located outside Cary’s corporate limits but inside the ETJ. Inaccordance with the LDO, annexation will be required at the time ofdevelopment plan review.

Valid Protest Petition To be determined prior to the public hearing.

Staff Contact Mary W. Beerman, AICP(919) 469­4342mary.beerman@townofcary.org

SITE CHARACTERISTICS

Streams: Town of Cary GIS maps depict a 100­foot Urban Transition Buffer along the northern portion of thesubject property. Field verification is required at the time of development plan review.

Floodplain and Wetlands: None shown on the Town of Cary GIS maps. Verification of this is required at the

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time of development plan review.

Surrounding Land Use(s): VacantNorth – 3.18­acre portion of parcel rezoned to GC­CU (09­REZ­03)South – Town of Cary water towerEast – The CSX railroad borders the eastern edge of the subject property. East of the railroad is single­familyresidential and vacant land. West – 6.79 acre portion of the parcel on the opposite side of NC 55 Highway currently, zoned R­40 and notincluded in this rezoning request.

CONSISTENCY WITH LAND DEVELOPMENT ORDINANCE

Land Use:

COMPARISON OF USES ALLOWED IN EXISTING AND PROPOSED ZONING DISTRICTSP: Uses Permitted By Right S: Uses Requiring Approval of a Special Use Permit

Land Use EXISTING(R­40)

PROPOSED(ORD)

USE­SPECIFIC

STANDARDS

New uses allowed if requested rezoning is approved

Dormitory P 5.2.1(C)

Life care community S 5.2.1(E)

Nursing home S 5.2.1(G)

Caretaker's residence P 5.2.1(B)

Residential use in non­residential building P 5.2.1(I)

Hospital P

College P

Transportation facility P

Veterinary hospital/office, with indoor kennel P 5.2.3(O)

Veterinary hospital/office, with outdoor kennel S 5.2.3(O)

Club, lodge, or hall P 5.2.2(E)

Bank, with drive­through service P

Bank, without drive­through service P

Restaurant, indoor operation P 5.2.3(K)

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Office, business or professional P

Radio or TV broadcasting studio P 5.2.3(L)

Hotel or motel P

Amusement establishment S

Commercial indoor recreational facility S 5.2.3(F)

Golf driving range S

Outdoor amphitheater, commercial S

Convenience store P 5.2.3(B)

Farm market P

Postal center, private P 5.2.3(I)

Personal service establishment P 5.2.3(K)

Retail store P 5.2.3(K)

Sexually oriented business S 5.2.3(M)

Trade school P 5.2.3(S)

Parking lot P 5.2.3(J)

Parking structure P

Auto sales/rental P 5.2.3(Q)

Towing and vehicle storage S

Vehicle repair, heavy S 5.2.3(N)

Vehicle service, light S 5.2.3(N)

Research laboratory P

Manufacturing, light P

Prototype process and production plant P

Other building­mounted antennae and towers P 5.2.4(D)

Mini­storage S

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Warehousing and distribution establishment P

Wholesale establishment P

Uses no longer allowed if the requested rezoning is approved

Group home P 5.2.1(D)

Boarding house S/P 5.2.1(A)

Detached dwelling P 5.2.1(M)

Manufactured home P 5.2.1(K)

Day care home, large S 5.2.2(B)

Day care home, small P 5.2.2(B)

Agri­Tourism P

Farming, general P

Forestry P

Produce stand P 5.2.3(C)

Neighborhood recreation center, indoor/outdoor, private P 5.2.3(F)

Golf course, privately­owned S

Uses allowed in both existing and proposed zoning districts

Cemetery S S

Library S P

Museum S P

Day care center S P 5.2.2(B)

Governmental office S P

Public safety station P P

Public utility facility P P

Athletic field, public P P 5.2.2(A)

Community garden P P

Outdoor amphitheater, public S S

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Park, public P P

Neighborhood recreation center, public P P 5.2.2(D)

Resource conservation facility P S

Religious Assembly S/P P 5.2.2(E)

Pre­school S P

School S/P S 5.2.2(C)

Utility facility, major S S

Utility substation, minor P P

Kennel, indoor only S P 5.2.3(E)

Kennel, indoor/outdoor S P 5.2.3(E)

Athletic field, private P S 5.2.3(A)

Antenna co­location on existing tower P P 5.2.4(D)

Concealed (stealth) antennae and towers S P 5.2.4(D)

Other freestanding towers S S/P 5.2.4(D)

Density and Dimensional Standards:

ORD Zoning District R­40 Zoning District

Max. Gross Density Not Applicable 1.08 du/acre

Min. Lot Size None 40,000 sq. ft.

Minimum Lot Width None 125 feet

Front Yard Setback 30 feet 50 feet

Side Yard Setback None 15 feet

Rear Yard Setback None 30 feet

Maximum Building

35 feet if within 100 feet of a residentialzoning district, 50 feet (may be increased by1 foot for every foot provided in addition tominimum setback) 35 feet

(may be increased by 1 foot for every

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Height Proposed Zoning Condition:The applicant has proposed a zoningcondition to limit the building to two stories,with a height limit of 35 feet.

foot provided in addition to minimumsetback)

Landscape BufferPerimeter buffers are required between different land uses or properties with different ownership. Depending onthe specific use proposed when the site plan is submitted, the width of the required buffers could range from 20 to50 feet.

StreetscapeIn accordance with Chapter 7 of the LDO, a 30­foot streetscape is required along NC 55 Hwy.

TrafficA traffic study (08­TAR­290) was conducted by HNTB for the Cooke Property that analyzed four phases ofconstruction with a 2013 build out. The assumptions included in the traffic study included development ofpotential commercial uses on the subject property as well on the 8.16 acres included in rezoning case number09­REZ­03.

Phase One consisted of: a 14,700 SF pharmacy, a 4,000 SF fast food restaurant, a 5,750 SF bank with threedrive­thru lanes, and an 84,000 SF self­storage facility. Phase Two consisted of: a 5,000 SF fast food, a 5,750 SF bank with 4 DT lanes and 21,900 SF of retail.Phase Three of construction is a 5,000 SF fast food and 21,000 SF retailPhase Four of construction was 30,000 SF of retail.

The total square footage analyzed was 113,100 SF of commercial and 84,000 SF of mini­warehouse. The currentproposal doesn’t specify specific square­footage limits, so therefore it can not be determined if this traffic study isconsistent with the rezoning proposal at this time.

The following is a list of mitigation required from the traffic study:Construct a 3rd SB through lane along NC 55 from 1200 feet north of the intersection with Carpenter Fire StationRoad to Morrisville Parkway.

1. Construct a 3rd NB through lane along NC 55 from 1200 feet south of Green Hope School Road to 2000feet past Carpenter Fire Station Road.2. At the intersection of NC 55 and Carpenter Fire Station Road, construct two 200­foot WB left turn lanesand a 350­foot NB left turn lane.3. At the intersection of NC 55 Hwy and Indian Wells Road, construct a 300­foot SB left turn lane, a 150­foot right turn lane, a WB left turn lane, a WB shared left through lane and a 125­foot WB right turn lane.4. At the intersection of NC 55 and Morrisville Parkway, construct a 500­foot left turn lane5. At the site access driveways #1, #2, #3, #4, #5, construct 100­foot right turn lanes.6. At site access #3, construct 200­foot­long, two­way left turn lanes.

Please note the traffic study included assumptions that several Town of Cary transportation projects anddeveloper projects were moving forward at the time the study was completed and since that time, some of themhave been delayed or postponed indefinitely.

During staff discussions with the applicant, an updated traffic study may be pursued since the applicant plans toproceed with less development than initially anticipated in the traffic study.

SUMMARY OF PROCESS AND ACTIONS TO DATE

Notification

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On November 30, 2010, notification of the Town Council public hearing on the request was mailed to propertyowners within 400 feet of the subject property. In addition, notification consistent with General Statutes waspublished in the Cary News on December 1 and 8, 2010. Notice of the public hearing was posted on the propertyon December 1, 2010.

Neighborhood MeetingBased on materials supplied by the applicant, the required neighborhood meeting was held on October 12, 2010and was attended by two citizens. Issues discussed included the types of uses permitted in the ORD district,access and the proposed 2­story height limit.

Town Council Public HearingThe public hearing was held on December 16, 2010. Staff noted that the Carpenter Community Plan indicated anevergreen hedgerow between the subject property and the adjacent Carpenter Community. There were nospeakers at the public hearing other than the applicant. There were no questions or comments from councilmembers.

Changes Since the Public HearingTo ensure consistency with the intent of the Carpenter Community Plan, the applicant has proposed an additionalcondition to require a Type B buffer adjacent to the railroad, enhanced by reducing the maximum separationbetween shrubs from 8 feet to 5 feet.

Planning and Zoning Board MeetingThe Planning and Zoning Board considered the request at its March 21, 2011 meeting and recommendedapproval by a vote of 9­0.

CRITERIA FOR CONSIDERATION IN REVIEWING REZONINGS

Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that should be considered inreviewing rezonings:1. The proposed rezoning corrects an error or meets the challenge of some changing condition, trend or fact;2. The proposed rezoning is consistent with the Comprehensive Plan set forth in Section 1.3 (LDO);3. The Town and other service providers will be able to provide sufficient public safety, educational, recreational,transportation and utility facilities and services to the subject property while maintaining sufficient levels of serviceto existing development;4. The proposed rezoning is unlikely to have significant adverse impacts on the natural environment, including air,water, noise, stormwater management, wildlife and vegetation;5. The proposed rezoning will not have significant adverse impacts on property in the vicinity of the subject tract;6. The proposed zoning classification is suitable for the subject property.

APPLICABLE COMPREHENSIVE OR AREA PLAN REQUIREMENTES

Comprehensive Plan Element Consistent Not Consistent Not Applicable

A. Land Use Plan X

B. Parks, Recreation, and Cultural ResourcesFacility Master Plan X

C. Growth Management Plan X

D. Affordable Housing Plan X

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E. Comprehensive Transportation Plan X

F. Open Space and Historic Resources Plan X

G. Historic Preservation Master Plan X

A. Land Use PlanThe governing land use element of Cary’s Comprehensive Plan for the subject parcel is the CarpenterCommunity Plan, originally adopted in September 2005. As per the Carpenter Community Plan, the future landuse designation for this site is Office/Industrial (OFC/IND) or Office/Institutional (OFC/INS).

Office/Industrial (OFC/IND) uses include a wide range of employment­generating office, light industrial, researchand development, and “clean” manufacturing uses. A limited selection of institutional and commercial uses (suchas banks, personal services, hotels/motels) supporting large office/industrial regions on the Carpenter CommunityPlan may also be appropriate.

Office/Institutional (OFC/INS) uses include all types of office and institutional uses. Examples include corporateand professional offices (large and small), general business offices, clinics, nursing homes, banks, churches,schools, daycare, government offices, and so forth. A limited selection of commercial uses (such as banks,restaurants, personal services) supporting the actual office and institutional uses in an area may also beappropriate.

B. Parks & Greenways Master PlanAccording to the Parks, Recreation and Cultural Resources Facilities Master Plan there are no issues related tothis site.

A recreation payment­in­lieu will be required for residential development in accordance with the LandDevelopment Ordinance.

C. Growth Management PlanThe Growth Management Plan includes the following Guiding Principles that are relevant to this case:

1. Guiding Principle R1: Ensure that adequate infrastructure and services are available concurrently with newdevelopment.

2. Guiding Principle L1: Concentrate growth near existing and planned employment centers and available andplanned infrastructure to minimize costly service­area extensions.3. Guiding Principle L2: Ensure that future growth protects sensitive natural resources and protects open space.

4. Guiding Principle A1: Increase permitted densities in preferred growth areas to encourage desired forms ofdevelopment.

D. Affordable Housing PlanThe Affordable Housing Plan is not applicable to this case.

E. Comprehensive Transportation PlanNC 55 Highway is designated as a Major ThoroughfareExisting Section: 4­lane section with 21­foot landscaped median, wide shoulders, partial curb & gutterFuture Section: 4­lane section with landscaped median, Sidewalks: None existing, proposed multi­use trailBicycle Lanes: Wide shoulders, proposed multi­use trailTransit: Existing TTA Route 311 Peak Bus route serves NC 55, no existing or future C­Tran serviceStatus of Planned Improvements: No planned improvements

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F. Open Space PlanAccording to the Open Space Plan, there are mixed upland hardwoods at the northern end of the subjectproperty.

G. Historic Preservation Master PanNo significant historic structures have been identified on this property.

APPLICANT’S JUSTIFICATION STATEMENT

The following statements are provided by the applicant (shown below in italics) in response to the criteriaestablished in the application (shown below in bold) and do not necessarily represent the views or opinions of theTown of Cary. Any statements as to the type, the quality, or the physical features are at the direction of theapplicant and may be formulated into a condition:

1. Any issues with the size of the tract?Response: The tract is of ample size to accommodate the requested ORD development. Given the size and thelocation of the property, the uses permitted in ORD are appropriate for the parcel.

2. How is the request compatible with the Comprehensive Plan (i.e. Land Use, Transportation, OpenSpace and Historic Resources)?Response: The request is compatible with the comprehensive plan. The Carpenter Community Plan calls forOffice/Light Industrial. The ORD zoning category allows these types of uses.

3. What are the benefits and detriments to the owner, neighbors and the community?Response: As stated above, the proposed rezoning will provide additional support services for the area. Theparcels are bounded by roads, the railroad and the Town of Cary water tower on all sides, thus minimizing anyimpact to surrounding properties. Given the constraints of the site, the uses permitted in the proposed rezoningare a good fit for the property. Furthermore, the Town’s Land Development Ordinance (LDO) will adequatelyprotect the adjacent property owners.

4. How are the allowable uses with the proposed rezoning compatible with, or how do they relate to, theuses currently present on adjacent tracts?Response: Given the site constraints of the property and the development patterns in the area, the allowableuses in ORD are appropriate. There is good separation between the potential ORD uses and existing andplanned residential uses. Good land use planning principles typically advocate and support the development ofthis type of use in this type of location. The interests of the residential property owners will be adequatelyprotected by the provisions of the LDO and the conditions of the rezoning.

5. What reductions/amendments and/or modifications to the development standards of the LDO are beingrequested and how are they justified? (PDD, new or amended) Applicants must list these items and/orclearly highlight them within the Planned Development document.Response: N/A

ORDINANCE FOR CONSIDERATION

10­REZ­13 Cooke Property

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THEZONING OF APPROXIMATELY 8.4 ACRES LOCATED AT 3890 NC 55 HWY OWNED BY DOROTHY W.COOKE BY REZONING FROM RESIDENTIAL 40 (R­40) TO OFFICE/RESEARCH AND DEVELOPMENT ­CONDITIONAL USE (ORD­CU)

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:

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Section 1: The Official Zoning Map is hereby amended by rezoning the area described as follows:

PARCEL & OWNER INFORMATION

Property Owner(s) County Parcel Number(s)(10­digit) Real Estate ID(s) Deeded Acreage

Dorothy W. Cooke

121 Franklin Hills Place

Cary, NC 27519

0735726346 portion 0014628 portion ± 8.4

Total Area ± 8.4

Section 2: That this Property is rezoned from R­40 to ORD­CU subject to the individualized developmentconditions set forth herein, and all the requirements of the Cary Land Development Ordinance (LDO) and otherapplicable laws, standards, policies and guidelines

Section 3: The conditions mutually approved by the Town and the applicant for promoting public health, safetyand the general welfare are:

1. Building height shall be limited to two stories (35 feet).2. A Type B (semi­opaque) buffer shall be provided adjacent to the railroad. The buffer shall be enhanced byreducing the maximum separation between shrubs from 8 feet to 5 feet.

These conditions address conformance of the development and use of the Property to ordinances and officiallyadopted plans and address impacts reasonably expected to be generated by the development and use of theProperty.

Section 4: This ordinance shall be effective on the date of adoption.

Adopted and effective: April 14, 2011

________________________________________Harold Weinbrecht, Jr.Mayor

______________________________Date